consent

Consent

VoluntaryAcquiescenceto the proposal of another; the act or result of reaching an accord; a concurrence of minds; actual willingness that an act or an infringement of an interest shall occur.

Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers. It is an act unaffected by Fraud, duress, or sometimes even mistake when these factors are not the reason for the consent. Consent is implied in every agreement.

Parties who terminate litigation pursuant to a consent judgment agree to the terms of a decision that is entered into the court record subsequent to its approval by the court.

In the context of rape, submission due to apprehension or terror is not real consent. There must be a choice between resistance and acquiescence. If a woman resists to the point where additional resistance would be futile or until her resistance is forcibly overcome, submission thereafter is not consent.

consent

1) n. a voluntary agreement to another's proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.

CONSENT. An agreement to something proposed, and differs from assent. (q.v.)
Wolff, Ins. Nat. part 1, SSSS 27-30; Pard. Dr. Com. part 2, tit. 1, n.
1, 38 to 178. Consent supposes, 1. a physical power to act; 2. a moral power
of acting; 3. a serious, determined, and free use of these powers. Fonb. Eq.
B; 1, c. 2, s. 1; Grot. de Jure Belli et Pacis, lib. 2, c. 11, s. 6.
2. Consent is either express or implied. Express, when it is given viva
voce, or in writing; implied, when it is manifested by signs, actions, or
facts, or by inaction or silence, which raise a presumption that the consent
has been given.
3. - 1. When a legacy is given with a condition annexed to the bequest,
requiring the consent of executors to the marriage of the legatee, and under
such consent being given, a mutual attachment has been suffered to grow up,
it would be rather late to state terms and conditions on which a marriage
between the parties should take place;. 2 Ves. & Beames, 234; Ambl. 264; 2
Freem. 201; unless such consent was obtained by deceit or fraud. 1 Eden, 6;
1 Phillim. 200; 12 Ves. 19.
4. - 2. Such a condition does not apply to a second marriage. 3 Bro. C.
C. 145; 3 Ves. 239.
5. - 3. If the consent has been substantially given, though not modo et
forma, the legatee will be held duly entitled to the legacy. 1 Sim. & Stu.
172; 1 Meriv. 187; 2 Atk. 265.
6. - 4. When trustees under a marriage settlement are empowered to sell
"with the consent of the husband and, wife," a sale made by the trustees
without the distinct consent of the wife, cannot be a due execution of their
power. 10 Ves. 378.
7. - 5. Where a power of sale requires that the sale should be with the
consent of certain specified individuals, the fact of such consent having
been given, ought to be evinced in the manner pointed out by the creator of
the power, or such power will not be considered as properly executed. 10
Ves. 308. Vide, generally, 2 Supp. to Ves. jr. 161, 165, 169; Ayliffe's
Pand. 117; 1 Rob. Leg.. 345, 539.
8. - 6. Courts of equity have established the rule, that when the true
owner of property stands by, and knowingly suffers a stranger to sell the
same as his own, without objection, this will be such implied consent as to
render the sale valid against the true owner. Story on Ag. Sec. 91 Story on
Eq. Jur. Sec. 385 to 390. And courts of law, unless restrained by technical
formalities, act upon the principles of justice; as, for example, when a man
permitted, without objection, the sale of his goods under an execution
against another person. 6 Adolph. & El 11. 469 9 Barn. & Cr. 586; 3 Barn. &
Adolph. 318, note.
9. The consent which is implied in every agreement is excluded, 1. By
error in the essentials of the contract; ,is, if Paul, in the city of
Philadelphia, buy the horse of Peter, which is in Boston, and promise to pay
one hundred dollars for him, the horse at the time of the sale, unknown to
either party, being dead. This decision is founded on the rule that he who
consents through error does not consent at all; non consentiunt qui errant.
Dig. 2, 1, 15; Dig. lib. 1, tit. ult. 1. 116, Sec. 2. 2. Consent is excluded
by duress of the party making the agreement. 3. Consent is never given so as
to bind the parties, when it is obtained by fraud. 4. It cannot be given by
a person who has no understanding, as an idiot, nor by one who, though
possessed of understanding, is not in law capable of making a contract, as a
feme covert. See Bouv. Inst. Index, h.t.

Professor Mark Drakeford, health minister, told the chamber: "Anyone wishing to donate organs on the excluded list will be able to do so but they will have to provide express consent, either themselves through the register, or by communicating that to their families.

According to TCPA section 227(b) restrictions on the use of automated telephone equipment, "It shall be unlawful for any person within the United States or any person outside the United States if the recipient is within the United States A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice .

Manama: A Saudi human rights activist has called upon the Labour Ministry to consider as traffickers those transferring domestic helpers to new sponsors, often without the knowledge or express consent of the person who is traded to a new employer.

The new rules require telemarketers to obtain prior express written consent, including by electronic means such as a website form, before placing a robocall to a consumer; eliminates the "established business relationship" exemption to the requirement that telemarketing robocalls to residential wireline phones occur only with prior express consent from the consumer; requires telemarketers to provide an automated, interactive opt-out mechanism during each robocall so that consumers can immediately tell the telemarketer to stop calling; and, strictly limits the number of abandoned or dead air calls that telemarketers can make within each calling campaign.

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